Attorneys request charges in metro woman's death be dropped on technicality

Attorneys request charges in metro woman's death be dropped on technicality

Share

Shares

Copy Link

{copyShortcut} to copy
Link copied!

Updated: 10:05 PM CDT Aug 21, 2017

Hide TranscriptShow Transcript

WEBVTT WONDERFUL PERSON ABSOLUTELY ANANGEL. A SAINT ABSOLUTELY A SAINT.> Gloria Gary's familyspoke with KCCI back in January - righafter authorities found her bodyhidden in her Des Moines home.<IT STILL HASN'THIT HOME THAT SHE'S NOT COMING... ).> Police say 23 year old Kyle Jepsonbroke into her Gloria Gary'shome when she wasn't there ...and when she returned he choked her to death... before fleeingto Utah in her car. Utah police arrested him on January 12th. In court papers just filed -Jepson's attorneys are asking a judge to dismiss the murder charge... Claiming his rights were violated because of hlong it took the state to transport him back to Iowa to appear in court.<45 DAYS FROTHE DATE OF THE ARREST, YOU HAVETO BE INDICTED OR THE CASE IDISMISSED.> Trial Attorney Mark Pennington is not involved witthis case ... But explains thelaw. He's says the clock starts in Iowa ... Not Utah. <I THINK IT'S PRETTY UNLIKELY THAT THE DEFENSEIS GOING TO PREVAIL.> Jepson attorneys also say hewent 18 days without aattorney....and that"unnecessary delay" kept himfrom getting a mental healthevaluation. The state filed a response ... Saying the defense filed a mental health defense over five months after thetransport back to Iowa. So the question is: will Kyle Jepson get a murder chardropped on a technicality?<I THINK IT'S VERY UNLIKELY....>

Attorneys request charges in metro woman's death be dropped on technicality

A man accused of breaking into a Des Moines woman’s home and killing her in January could have charges against him dropped, according to his attorneys.

Kyle Jepson, 23, is charged with first-degree murder, first-degree robbery, first-degree burglary and second-degree burglary in the death of Gloria Gary.

Des Moines police opened a homicide investigation in the disappearance of Gloria Gary in January. They found the body of Gary concealed in her home.

According to newly-filed court documents, Jepson's attorneys are asking a judge to dismiss the murder charge. Jepson’s attorneys claim his constitutional rights were violated because of how long it took the state to transport him back to Iowa to appear in court.

“Forty-five days from the date of the arrest, you have to be indicted, or the case is dismissed,” trial attorney Mark Pennington said.

Pennington is not involved with this case but explained the law to KCCI. He said the 45 days started when Jepson arrived in Iowa, rather than when he was taken into custody in Utah.

Jepson’s attorneys also said he went 18 days without an attorney and that "unnecessary delay" kept him from getting a mental health evaluation.

The state filed a response saying that the defense filed a mental health defense over five months after he was brought back to Iowa.

Both the defense and the Polk County attorney's office declined to comment on camera because the case is still pending.

Gloria Gary's family sent KCCI a statement Monday saying, "We understand trials are complicated. We try not to read too much into it. For us, nothing has changed. Gloria is missing from our lives. We loved her deeply. She was a vital part of our lives. We miss her every day."